Site navigation

In which of the following case would the Court not grant perpetual injunction when the defendant…

The s.38(3) grounds for a perpetual injunction include "Where compensation in money would not afford adequate relief", "Where it is necessary to prevent multiplicity of…

Choose your answer

In which of the following case would the Court not grant perpetual injunction when the defendant invades or threatens to invade the plaintiffs right to, or enjoyment of property?

Select one answer
Answer and explanation

Correct answer A

The s.38(3) grounds for a perpetual injunction include "Where compensation in money would not afford adequate relief", "Where it is necessary to prevent multiplicity of judicial proceedings" and "Where there exists no standard for ascertaining the actual loss caused to the plaintiff" (along with the defendant being a trustee), but not "Where the defendant is the agent of the plaintiff", so the court would not grant a perpetual injunction on that basis.

Practice for these exams

Related exam syllabi

Related questions in this topic